2020-08-11 Planning & Environment Committee Agenda

PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA                                 11 AUGUST 2020


3     PLANNING & ENVIRONMENT COURT APPEAL NO D102 OF 2020 - REFUSAL OF
      ANCILLARY DWELLING UNIT AT 1/33 GATEWAY DRIVE, NOOSAVILLE

Author           Manager Development Assessment, Kerri Coyle
                 Environment & Sustainable Development

Index            ECM/ Application/MCU20/0008 / Case/ Turner Property Group

Attachments      Nil


EXECUTIVE SUMMARY
Nil

RECOMMENDATION
That Council note the report by the Manager Development Assessment to the Planning &
Environment Committee Meeting dated 11 August 2020 regarding Planning & Environment Court
Appeal No. D102 of 2020 and agree to defend the appeal.


REPORT
On 21 May 2020 Council at its Ordinary Meeting resolved to refuse an application for an ancillary
dwelling unit at 1/33 Gateway Drive, Noosaville for the following reasons:
1.    The proposed development is not for an Ancillary Dwelling Unit as defined under section
      2.11.5 of the Noosa Plan because:
      a)   A detached house is proposed on the premises;
      b)   The proposed dwelling unit is not subordinate to the non-residential use;
2.    The proposed development is for a detached house which under Table 11.9 of Division 10
      of the Noosaville Locality Plan is an inconsistent use in the Industry Zone requiring impact
      assessment.
3.    The proposed development is inconsistent with the Noosaville Locality Code in the
      following respects:
      a)    The proposed use will be incompatible with other uses and works on the premises
            contrary to 11.7.2(a)(i) of the Overall Outcomes Division 16;
      b)   The proposed use fails to protect the subject premises for industrial functions to the
           exclusion of incompatible uses contrary to 11.7.2(vv)(ii) of the Overall Outcomes
           Division 16;
4.    The proposal is inconsistent with Overall Outcomes 14.51.2(a) and (b) of the Detached
      House Code as land zoned industrial is not suited for residential use and would be located
      in the vicinity of land uses which would adversely impact the occupation and use of
      buildings and the site by residents and would result in the residential development
      preventing or inhibiting the conduct of existing land uses.
5.    The proposed development fails to provide sufficient car parking on site for the dwelling
      unit and the non-residential use contrary to Overall Outcomes 14.110.2 c) and d) and
      Specific Outcome O7 of the Driveways and Carparking Code.
As a result of Council’s decision to refuse the application, the applicant has now lodged an
appeal to the Planning & Environment Court. The applicant seeks that the development should
be approved.
It is in order for Council to defend the appeal and the recommendation is worded accordingly.

                                                                                    Page 68 of 87